MétaCan
Menu
Back to cohort

In Defence of Quasi‐Contract

2011· article· en· W1750822166 on OpenAlexaff
Dan Priel

Bibliographic record

VenueModern Law Review · 2011
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsYork University
Fundersnot available
KeywordsRestitutionLiabilityUnjust enrichmentDoctrineArgument (complex analysis)Law and economicsNormativeLawSociologyPolitical scienceBusiness

Abstract

fetched live from OpenAlex

Restitution scholars are almost unanimous in rejecting the term quasi‐contract. This essay challenges this view. It begins by demonstrating that many debates among restitution scholars are in fact debates about the boundaries of consent‐based liability. This serves as an introduction to the main thesis advanced, which is that the idea of quasi‐contract, which is supposed to cover cases in which the parties would have made a contract if conditions allowed them to do so, helps to explain the doctrine better than the conclusory language of unjust enrichment. The essay concludes by situating the argument within the growing literature on the normative foundations of restitution. It argues that quasi‐contractual liability should be understood not as part of unjust enrichment, but as a different basis of liability that can help us see what liability for unjust enrichment might be: liability grounded in notions of fairness.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.024
metaresearch head score (Gemma)0.026
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.024
Threshold uncertainty score0.129

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0240.026
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.002
Bibliometrics0.0010.002
Science and technology studies0.0050.045
Scholarly communication0.0090.014
Open science0.0030.007
Research integrity0.0120.012
Insufficient payload (model declined to judge)0.0050.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.099
GPT teacher head0.359
Teacher spread0.260 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations6
Published2011
Admission routes1
Has abstractyes

Explore more

Same venueModern Law ReviewSame topicLegal principles and applicationsFrench-language works237,207